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Monthly Archives: March 2014

Writing an Effective Social Media Policy

If you are interested in writing an effective social media policy, I would recommend viewing Brian Wassom’s Prezi presentation on the topic. Brian has written extensively on social media and also has a blog on the topic.

Upcoming Social Media Law Symposium on March 28, 2014

On March 28th, 2014 Pace Law School will hold a symposium examining Social Media & Social Justice (to register for this CLE event go here). The symposium will consist of 5 different panels and a keynote luncheon speaker.  The presenters are both academics and practitioners who will examine a host of issues related to social media and the law.

Symposium Schedule

9:00 a.m.  Welcome (9:00 -9:10)

Michelle Simon, Dean, Pace Law School


Panel 1 Social Media and Courtroom Justice (9:10 – 10:10)

John Browning, Partner, Lewis Brisbois, Bisgaard & Smith LLP

            Prosecutorial Misconduct in the Digital Age

Nicole Booth-Perry, Associate Professor, Florida A&M University College of Law

            Friends of Justice; How Social Media Impacts the Public Perception of the Provision      of Justice

Caren Morrison, Assistant Professor of Law, Georgia State University College of Law

            Investigating Jurors through Social Media

Moderator: Jason Zenor, Assistant Professor, School of Communications, SUNY Oswego


Panel 2 Social Media and Civil Justice (10:20-11:35)

Victoria Diana Baranetsky, First Amendment Fellow, The New York Times

            Is Social Media a New Government Agency?

James Grimmelmann, Professor of Law, University of Maryland Frances King Carey School             of Law

            Anarchy, Status Updates, and Utopia

Tal Zarsky, Faculty of Law, University of Haifa – Haifa Center for Law and Technology &

Niva Elkin-Koren, Faculty of Law, University of Haifa – Haifa Center for Law and Technology

            Social Justice, Social Norms and Governance of Social Media

Moderator: Horace Anderson, Professor of Law, Pace Law School


Key Note Speaker (11:45-12:35)

Darren Hutchinson, Professor of Law, Stephen C. O’Connell Chair, University of Florida       Levin College of Law

            Social Movements 2.0: Can Social Media Facilitate Social Change?


Lunch (12:35-1:30)


Panel 3 Social Media and Courtside Justice (1:30- 2:20)

Raizel Liebler, Head of Faculty Scholarship Initiatives, The John Marshall Law School &

Keidra Chaney, Editor, The Learned Fangirl

            On and Off the Court: Ownership and Control of Athlete Social Media Accounts

Meg Penrose, Professor of Law, Texas A&M University School of Law

            Shut up and Play: A Constitutional Analysis of First Amendment Rights of College         Athletes to Use Social Media

Moderator: Mary Duty, Esq.


Panel 4 Social Media and Criminal Justice (2:25-3:25)

Daniel Harawa, Associate, Covington & Burling LLP

            The Thought Police, Criminalizing Social Media Usage

Thaddeus Hoffmeister, Professor of Law, University of Dayton School of Law

            Social Media and the Rise of the Virtual Deputy

Audrey Rogers, Professor of Law, Pace University School of Law

            Shamed to Death: Bullying and Pornography

Moderator: Elizabeth Lynch, Senior Staff Attorney, MFY Legal Services, Inc.


Panel 5 Social Media, Liberties and Justice (3:35-4:50)

Anita Bernstein, Anita & Stuart Subotnick Professor of Law, Brooklyn Law School

            Abuse and Harassment Diminish Free Speech

Elaine Chiu, Professor of Law, St. John’s University School of Law

            Personal Information Involuntarily Made Public: Protecting Women with Existing        Practices

John Humbach, Professor of Law, Pace University School of Law

            How to Write a Constitutional “Revenge Porn” Law

Diane Zimmerman, Samuel Tilden Professor of Law Emerita, New York University School of          Law

            Social Media and Copyright Law; Coexisting in a Single World

Moderator: Ann Bartow, Professor of Law, Pace Law School


Wrap Up (4:45-5:00)

Service by Social Media: New Law Review Article

Facebook Notification–You’ve Been Served: Why Social Media Service of Process May Soon Be a Virtual Reality

Pedram Tabibi



This article examines service of process via social media websites such as Facebook, Twitter and LinkedIn in the United States. Service of legal papers via social media may not be commonplace in the U.S., but it has been allowed many times in foreign jurisdictions. This article will provide examples where international courts allowed service of legal papers via social media, and then discuss recent lawsuits where U.S. federal courts considered service of legal papers via social media and allowed such service under certain circumstances. This article will also take a look at the efforts of certain States to allow for social media service of process, including via legislative means. This article then provides factors to consider when seeking social media service of process, and why such service may be more effective than most realize. Ultimately, while service of process via social media on a regular basis may be far off, such a service method, if properly considered, can benefit the legal system.




NY Bar Issues Social Media Guidelines for Attorneys

Here are the new social media guidelines for attorneys in NY.

CA Bill Would Safeguard Juror’s Username and Password

California has become the first state in the country to introduce legislation to safeguard a juror’s social media username and password.  California bill (A.B. 2070) prohibits a court from requiring or requesting a juror or prospective juror to disclose a username or password for the purpose of accessing personal social media or requiring the juror or prospective juror to access personal social media in the presence of the judge, counsel for either party, or any other officer of the court.

AB 2070 introduced earlier this year by State Representative Nora Campos is most likely in response to recent efforts by attorneys to gain greater access to the social media accounts of jurors.  As some may recall, the attorneys representing Jodi Arias filed a motion, which was denied, to obtain the Twitter handles of prospective jurors.  Also, two years ago, a California Appellate Court in Juror #1 v. Superior Court directed a juror to make his Facebook account available to the court.

LinkedIn Updates Terms of Service

Below is a description of upcoming changes to LinkedIn’s Terms of Service.  The following changes caught my eye

In Section 2.14, we clarify that we will take steps to let members know about demands for their data unless we’re legally prohibited from doing so or the request is deemed an emergency. We also specify that we may dispute such demands if we believe they are too broad, too vague, or lack proper authority.

These changes concern user privacy and the Stored Communications Act (SCA).  As some of you are aware, the SCA determines the conditions under which social media providers like LinkedIn can turn over user information to third parties like the government.


At LinkedIn, we’re committed to putting our members first. We believe it’s essential for you to always feel informed and empowered when it comes to your information on LinkedIn. With this in mind, we wanted to highlight some upcoming changes to our Terms of Service (which includes our User Agreement and Privacy Policy).

Over the past two years, we welcomed SlideShare and Pulse to the LinkedIn platform, and we’ve done a lot to make them a core part of what LinkedIn is today. To further simplify the member experience, we will integrate SlideShare and Pulse’s Terms of Service into LinkedIn’s, so you’ll only have one set of terms to agree to when interacting with LinkedIn properties.

Additionally, we will enable you to discover opportunities and share content across our services. For example, your SlideShare experience can be personalized based on your LinkedIn profile, your network, and your engagement with content from both services. Or with Pulse, we’ll be able to deliver the most relevant personalized professional content to help you stay informed.

Here are some other changes you’ll see in our Terms of Service:

Updates to Our Privacy Policy

Member data. We’ve always had a high bar when it comes to responding to government requests for member data and that hasn’t changed. In Section 2.14, we clarify that we will take steps to let members know about demands for their data unless we’re legally prohibited from doing so or the request is deemed an emergency. We also specify that we may dispute such demands if we believe they are too broad, too vague, or lack proper authority.

Premium services. While it is not new that LinkedIn offers premium services that give our customers access to members’ profiles to generate career and business opportunities, we’ve rewritten Section 2.12 to clarify that our corporate offerings include Talent Solutions, Marketing Solutions and Sales Solutions.

Mobile numbers. As LinkedIn expands our services globally, we recognize that the mobile phone has become a ubiquitous communications tool. We’ve updated Section 1.2 to include the forthcoming option to use your mobile number to sign in to LinkedIn.

Update to Our User Agreement

Content Availability. LinkedIn has always operated within the laws and frameworks of the countries in which we operate. We recently launched a LinkedIn site in Simplified Chinese, and as we said at the time of our launch, we may be required by local regulations to remove certain content, which means this content may not be available on LinkedIn in China. While LinkedIn has always reserved the right to remove content (e.g. when it’s hurtful or infringing on others’ rights), we believe it’s important to be transparent that sometimes laws may require us to remove certain content, and we make that clear in Section 4.1.

These changes will take effect on March 26, 2014. See what the new Terms of Service will look like here: User Agreement and Privacy Policy.

Seven Stories of Social Media Legal Risk

Here is a presentation by Ryan Garcia in which he discusses the Seven Stories of Social Media Legal Risk. Ryan was the keynote speaker at Charleston Law School’s Symposium on social media (go here to learn more about the symposium). In this presentation, Ryan, who teaches Social Media Law at the University of Texas and also blogs on the topic, examines some of the legal implications that arise with using social media.  Ryan is an engaging speaker who knows a lot about social media and the law.